Police (Northern Ireland) Act 1998

25 Regulations for RUC

(1) Subject to the provisions of this section, the Secretary of State may make regulations as to the government, administration and conditions of service of members of the Royal Ulster Constabulary.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to—

(a) the ranks to be held by members of the Royal Ulster Constabulary;

(b) the qualifications for appointment and promotion of members of the Constabulary;

(c) periods of service on probation;

(d) voluntary retirement of members of the Constabulary;

(e) the conduct, efficiency and effectiveness of members of the Constabulary and the maintenance of discipline;

(f) the suspension or dismissal of members of the Constabulary from membership of that Constabulary and from the office of constable;

(g) the maintenance of personal records of members of the Constabulary;

(h) the duties which are or are not to be performed by members of the Constabulary;

(i) the treatment as occasions of police duty of attendance at meetings of the Police Association and of any body recognised by the Secretary of State for the purposes of section 35;

(j) the hours of duty, leave, pay and allowances of members of the Constabulary;

(k) the pensions and gratuities in respect of service as a member of the Constabulary (including provision for the recognition for the purposes of such pensions and gratuities of service otherwise than as a member of the police force and for the payment and receipt of transfer values or of other lump sums made for the purpose of creating or restoring rights to such pensions and gratuities); and

(l) the issue, use and return of equipment.

(3) Without prejudice to the powers conferred by this section, regulations under this section shall—

(a) establish, or make provision for the establishment of, procedures for cases in which a member of the Royal Ulster Constabulary may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution; and

(b) make provision for securing that any case in which a senior officer may be dismissed or dealt with in any of the other ways mentioned in paragraph (a) is decided by the Police Authority.

(4) Without prejudice to the powers conferred by this section, regulations under this section shall provide for appeals to an appeals tribunal by members of the Royal Ulster Constabulary who are dismissed, required to resign or reduced in rank—

(a) in a case where there is no right of appeal to any other person, by a decision taken in proceedings under regulations made in accordance with subsection (3); and

(b) in a case where there is a right of appeal to another person, by a decision of that person.

(5) In relation to any matter as to which provision may be made by regulations under this section, the regulations may, subject to subsection (3)(b)—

(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Police Authority, the Chief Constable or other persons; or

(b) authorise or require the delegation by any person of functions conferred on him by or under the regulations.

(6) Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.

(7) Where regulations made in accordance with subsection (2)(a) vary the ranks held by members of the Royal Ulster Constabulary, the regulations may make such amendments as appear to the Secretary of State to be necessary or expedient to any statutory provision (including this Act) containing a reference to any rank held by a member of that Constabulary.

(8) The Secretary of State shall consult both the Police Authority and the Police Association before making any regulations under this section, other than regulations made by virtue of subsection (2)(j), (k) or (l).